Monday, February 11, 2013

On
January 15, 2013, the Environmental Protection Agency (EPA) published a final
rule revising the National Ambient Air Quality Standard (NAAQS) for
particulate matter (PM). The revised air quality standards were completed
pursuant to the Clean Air Act (CAA) and, in part, in response to a court
order and consent agreement. Based on its review of scientific studies
available since the agency’s previous review in 2006, EPA determined that
evidence continued to show associations between particulates in ambient
air and numerous significant health problems, including aggravated asthma,
chronic bronchitis, non-fatal heart attacks, and premature death. Populations shown
to be most at risk include children, older adults, and those with heart and
lung disease, and those of lower socioeconomic status. EPA’s review of and
revisions to the PM NAAQS has generated considerable debate and oversight
in Congress.

The January 2013 revisions change the existing (2006) annual health-based (“primary”)
standard for “fine” particulate matter 2.5 micrometers or less in diameter
(or PM2.5), lowering the allowable
average concentration of PM2.5 in
the air from the current level of 15 micrograms per cubic meter (μg/m3) to a limit of 12 μg/m3.
The annual PM2.5 NAAQS is set so as to address human
health effects from chronic exposures to the pollutants. The existing “24-hour
primary standard” for PM2.5 that
was reduced from 65 μg/m3 to
35 μg/m3 in 2006 was retained, as was the existing
standard for larger, but still inhalable, “coarse” particles less than 10
micrometers in diameter, or PM10. “Secondary”
standards that provide protection against “welfare” (non-health) effects,
such as ecological effects and material deterioration, are identical to the
primary standards and the same as in 2006. The proposed rule published
June 29, 2012, solicited comments on two options for a 24-hour PM2.5 standard to improve visibility that were
not adopted in the final rule.

EPA revised the Regulatory Impact Analysis (RIA) accompanying its June 2012
proposed rule in part in response to comments received regarding the
agency’s cost and benefit estimates. In its December 2012 RIA, EPA
estimated that the potential “quantifiable” health benefits (2010 $) associated
with attaining the PM standard would range from $4.0 billion to $9.1 billion,
and costs (2010 $) would range from $53.0 million to $353.0 million. Some
stakeholders and some Members continue to express concerns that cost
impacts would be more significant than those estimated by EPA for those
areas out of compliance with the new standards.

EPA’s revisions to the PM NAAQS do not directly regulate emissions from
specific sources, or compel installation of any pollution control
equipment or measures, but indirectly could affect operations at
industrial facilities and other sources throughout the United States. Revising
PM NAAQS starts a process that includes a determination of areas in each
state that exceed the standard and must, therefore, reduce pollutant
concentrations to achieve it. Following determinations of these “nonattainment”
areas based on multiple years of monitoring data and other factors, state
and local governments must develop (or revise) State Implementation Plans (SIPs)
outlining measures to attain the standard. These often involve promulgation of
new regulations by states, and the issuance of revised air permits. The
process typically takes several years. Based on statutory scheduling
requirements, nonattainment designations for revised PM NAAQS would not be
determined until the end of 2014, and states would have until at least 2020 to
achieve compliance with the January 2013 revised PM2.5 NAAQS.

Date of Report: January 23, 2013
Number of Pages: 47Order Number: R42934Price: $29.95

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